Terms and Conditions of Use of the Research-Hosting.co.uk Website
THIS SET OF TERMS AND CONDITIONS ("Research-Hosting.co.uk Website
Terms Of Use," or "Terms Of Use") APPLIES TO YOUR USE OF THE
Research-Hosting.co.uk Website. YOUR USE OF THE Research-Hosting.co.uk
Website INDICATES YOUR ACCEPTANCE OF THESE TERMS OF USE, AND
YOUR AUTHORIZATION TO CONTRACTUALLY BIND THE PERSON OR ENTITY ON
WHOSE BEHALF YOU HAVE DONE SO, IF ANY. REFERENCES HEREIN TO "YOU"
AND "YOUR" REFER TO BOTH YOU AND SUCH PERSON OR ENTITY IN WHOSE
BEHALF YOU ACT, IF ANY.
GRANT, RESTRICTIONS, AND OWNERSHIP
Roche Novus Data and its suppliers, as applicable ("Roche Novus Data"),
hereby grant You the right to use the content comprising the
Research-Hosting.co.uk Website (the "Content"). You may print the Content on
the Research-Hosting.co.uk Website intact from within your browser for personal
and fair use purposes only. The Content has been compiled by Roche Novus Data from a variety
of sources, and is subject to change without notice. You may not
attempt to "pass-off" any of the Content as your own work.
You acknowledge that certain areas of the Research-Hosting.co.uk
Website may apply
other rights and/or restrictions to their use in their own manner
("Separate Licenses"). Any language within these Terms Of Use is
subject to language in the Separate Licenses to the contrary, as to
their subject matter.
SOFTWARE: Specifically, but without limitation, any computer
software downloadable or otherwise available through the Research-Hosting.co.uk
Website
is licensed subject to the terms and conditions of its own
applicable license agreement, and specific terms and conditions
applicable to Software in download licenses within the Research-Hosting.co.uk
Website or otherwise available through the Research-Hosting.co.uk
Website will supersede the
provisions of these Terms Of Use.
The use of certain areas of the Research-Hosting.co.uk Website is
further restricted to Roche Novus Data support customers. You may
not copy, adapt, modify, display, perform, or otherwise use the
Content (including use the Content on any other web site or
networked computer environment) for any other purpose or in any
other manner without the prior express written permission of Roche
Novus Data or its suppliers, including without limitation such
permission as may appear within the Research-Hosting.co.uk Website.
Your use of the Content is conditioned on your maintaining all
copyright, trademark and other proprietary rights notices appearing
on the Content. Any unauthorized use of any of the Content may
violate copyright laws of the United States and, internationally,
the copyright law of each jurisdiction reflecting pertinent treaties
and conventions. In many instances, the Content is subject to
international patent, trademark, and trade secret laws
(collectively, the "Applicable Laws"), including without limitation
as indicated selectively within the Content. Roche Novus Data and/or its
suppliers own the Content, which is generally protected by several
of the Applicable Laws.
You may use, print and/or download from the Research-Hosting.co.uk
Website the
Content displayed on the Research-Hosting.co.uk Website for your personal,
noncommercial purposes only. If you breach any of these Terms Of
Use, your authorization to use the Research-Hosting.co.uk Website will automatically
terminate and you must immediately destroy or delete any downloaded
or printed material.
You agree that the Content is the proprietary information of
Roche Novus Data
and/or its suppliers, and that you will conform your access,
copying, and use of particular Content to the applicable
Research-Hosting.co.uk Website
purposes indicated in association with the particular Content.
IMAGES IN Research-Hosting.co.uk Website
Subject to other provisions hereof to the contrary, You may not
use, reproduce or distribute any image in the Research-Hosting.co.uk
Website without
securing the advance written consent of Roche Novus Data. To request permission,
send an email,
including your name, address and a description of the purpose of
your intended use and/or distribution and the image you would like
to distribute.
COMMUNICATIONS FROM YOU TO THE Research-Hosting.co.uk Website
Except for orders for products provided through the
Research-Hosting.co.uk Website
and as specified in our Privacy Statement, all communications from
You to the Research-Hosting.co.uk Website will be considered non-proprietary and
non-confidential, and Roche Novus Data will have no obligations of any kind to
You respecting such communications and will be free to use them on
an unrestricted basis. Specifically, but without limitation, You
authorize Roche Novus Data to (i) reproduce, use, disclose and distribute such
communications to others, and (ii) use any ideas, know-how, designs,
concepts, techniques or the like contained in such communications
for any purpose whatsoever. You are solely responsible for these
communications and their legality under all applicable laws and
regulations. You agree that you will comply with the terms of our
Privacy Statement when using the Research-Hosting.co.uk Website. You are responsible
for the security of any account names, identification numbers or
passwords associated with your access to and use of the Research-Hosting.co.uk
Website. Roche Novus Data is not liable for any unauthorized use of any accounts you
establish through the Research-Hosting.co.uk Website (e.g., through
Roche Novus Data's SupportFolio
Online support-related services) by You, your employees, agents or
anyone else.
AVAILABILITY OF Research-Hosting.co.uk Website
You acknowledge that temporary interruptions in the availability
of the Research-Hosting.co.uk Website may occur from time to time as normal events.
Under no circumstances will Roche Novus Data or its suppliers be held liable for
any damages due to such interruptions. The Research-Hosting.co.uk
Website and the
Content may include technical inaccuracies or typographical errors.
The Research-Hosting.co.uk Website is made available internationally and may contain
references to products, programs and services of Roche Novus Data and/or its
suppliers that are not available in your location. Such references
do not imply that Roche Novus Data or its suppliers intend to make available such
products, programs or services in your location.
MONITORING
It is neither the policy nor a practice of Roche Novus Data to review
communications with the Research-Hosting.co.uk Website to determine that such
communications comply with these terms and conditions and applicable
laws and/or regulations; however, Roche Novus Data reserves the right to review
such communications but has no such obligation. Roche Novus Data shall have no
responsibility or liability for the content of any communications
posted to the Research-Hosting.co.uk Website, nor for any errors or violations of any
applicable laws or regulations. Roche Novus Data will comply with court orders in
any jurisdiction directing Roche Novus Data to disclose the identity of anyone
posting communications to the Research-Hosting.co.uk Website.
LINKS WITH OTHER SITES
Roche Novus Data is not responsible for the content of any other web site
linked to or from the Research-Hosting.co.uk Website. If you link to another site, you
leave the Research-Hosting.co.uk Website. If you decide to link to another site, you do
so entirely at your own risk. Roche Novus Data may provide links from the
Research-Hosting.co.uk Website to other sites, but this is done solely as a convenience to
you and in no way should be interpreted as a referral or endorsement
of any content, sponsor or owner of any other site. ALL WARRANTIES,
CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED
SITE, INCLUDING WITHOUT LIMITATION AS TO ACCURACY, OWNERSHIP,
VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE, ARE HEREBY
EXCLUDED.
EXPORT/ENCRYPTION CONTROL
You acknowledge that USA export control laws and regulations
apply to the entire Research-Hosting.co.uk Website, including without limitation the
U.S. Department of Commerce Export Administration Regulations
("E.A.R.") which prohibit the export or re-export of products and
technology to certain countries and persons. You hereby assure You
will not export, re-export, or transfer any software (acquired by
You through the Research-Hosting.co.uk Website ["Software"]) in violation of any
applicable export control laws and regulations, including without
limitation USA versions of the same. If You are outside the USA, You
represent You are eligible to receive items exported from the USA
and are not: (1) a resident or national of any country subject to a
USA trade embargo; (2) listed on the "Entity List," "Denied Persons
List," or "Specially Designated Nationals List" maintained by the
U.S. government; (3) engaged in [a] civil or military nuclear
activities; [b] chemical or biological weapons-related activities;
or [c] missile technology in or for a country subject to USA
proliferation controls; or (4) a military or nuclear end-user in
Russia or an entity engaged in military or nuclear-related
activities for Russia. You represent You will not supply Software to
any end-user of the types listed above without prior U.S. government
authorization. You acknowledge Software may contain encryption and
be subject to more stringent restrictions under the E.A.R. You
represent You are not a government end-user outside of the
following countries: Austria, Australia, Belgium, Czech Republic,
Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy,
Japan, Luxembourg, Netherlands, New Zealand, Norway, Poland,
Portugal, Spain, Sweden, Switzerland, and United Kingdom; a
government end-user is any foreign, regional, or local government
department, agency, or other entity performing governmental
functions. You represent You will not supply Software to any
government end-user outside of the countries listed above
without prior U.S. government authorization. However, in accordance
with the paragraph of these Terms Of Use entitled SOFTWARE, specific
terms and conditions applicable to Software downloadable or
otherwise available through the Research-Hosting.co.uk Website will supersede the
provisions of this paragraph.
DISCLAIMER
THE CONTENT PROVIDED AT THIS Research-Hosting.co.uk Website IS PROVIDED "AS IS" AND
ANY WARRANTY, CONDITION OR OTHER TERM OF ANY KIND INCLUDING WITHOUT
LIMITATION ANY WARRANTY OR CONDITION OF MERCHANTABILITY,
SATISFACTORY QUALITY, SECURITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY IS HEREBY
EXCLUDED. Applicable law may not allow the exclusion of implied
warranties, so the above exclusion may not apply to You. Roche Novus
Data does
not warrant the accuracy and completeness of the Content on the
Research-Hosting.co.uk Website. Roche Novus Data takes no responsibility for viruses or other
destructive or intrusive computer programs that may damage your
computer system or data resulting from your access to or use of the
Research-Hosting.co.uk Website. The Content at the Research-Hosting.co.uk
Website may be out of date, and Roche Novus Data makes no commitment to update the Content at the
Research-Hosting.co.uk Website.
Information published at the Research-Hosting.co.uk Website may refer to products,
programs or services that are not or are no longer available in your
geographic location. If software available through the Research-Hosting.co.uk
Website
is made applicable to its own license terms and conditions, such
terms and conditions supersede any terms and conditions of these
Terms of Use. However, in accordance with the paragraph of these
Terms Of Use entitled SOFTWARE, specific terms and conditions
applicable to Software downloadable or otherwise available through
the Research-Hosting.co.uk Website will supersede the provisions of this paragraph.
LIMITATION OF LIABILITIES
IN NO EVENT WILL Roche Novus Data OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST
PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING IN RELATION TO
THESE TERMS OF USE AND/OR THE USE, INABILITY TO USE, OR THE RESULTS
OF USE OF THE Research-Hosting.co.uk Website, THIS WEBSITE, ANY WEB SITES LINKED TO
THIS Research-Hosting.co.uk Website, OR THE CONTENT CONTAINED AT ANY OR ALL SUCH SITES,
WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY
AND WHETHER OR NOT Roche Novus Data IS ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IF ANY OF THE FOREGOING RESULTS IN THE NEED FOR
SERVICING, REPAIR OR CORRECTION OF HARDWARE, SOFTWARE AND/OR DATA,
YOU ASSUME ALL COSTS RELATED DIRECTLY AND/OR INDIRECTLY THERETO.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
INDEMNIFICATION
Upon the request of Roche Novus Data, you agree to defend,
indemnify and hold harmless Roche Novus Data and its suppliers,
affiliates, representatives, officers, directors, employees and
attorneys from and against all liabilities, claims, costs and
expenses, including attorney fees, that arise in relation to your
accessing or use of the Research-Hosting.co.uk Website and/or these
Terms Of Use or your uploading, downloading or transmission of any
communications or Content on the Research-Hosting.co.uk Website.
TRADEMARKS
The trademarks, service marks and logos (trademarks) of Roche
Novus Data and/or others used on the Research-Hosting.co.uk Website are the property of
Roche Novus Data, its suppliers, or their respective owners. You may
not use, and nothing contained on the Research-Hosting.co.uk Website grants, by
implication, waiver, estoppel or otherwise, any right to use, any
trademark displayed on the Research-Hosting.co.uk Website without the written
permission of Roche Novus Data or the respective owner, which
written permission may be expressed within the Research-Hosting.co.uk
Website.
AGREEMENT IN ENGLISH
You and we agree that these Terms Of Use and all related
documents be written and interpreted in the English language. Les
parties ont exigé que les présent contract et tous les documents
connexes soient rédéges en anglanis.
GOVERNANCE
These Terms Of Use constitute a contract made under and shall be governed by
and construed in accordance with the laws of the United Kingdom, United States
and any or all Nations where the site is downloadable. You agree that any
English Civil court, if it has subject matter jurisdiction, shall have exclusive
jurisdiction to hear and determine any claims or disputes between you and Roche
Novus Data (and/or its members, managers, officers, employees, all agents and
the assigns of same), pertaining directly or indirectly to these Terms Of Use,
or to any matter arising there from, or any other document executed and
delivered in connection herewith or therewith. These Terms Of Use constitute the
entire agreement between you and Roche Novus Data with respect to the use of
Roche Novus Data and the information. Roche Novus Data's failure to insist upon
or enforce strict performance of any provision of these Terms Of Use shall not
be construed as a waiver of any provision or right. Neither the course of
conduct between the parties nor trade practice shall act to modify any provision
of these Terms Of Use. Roche Novus Data may assign its rights and duties under
these Terms Of Use to any party at any time without notice to you.
Roche Novus Data makes no representation or warranty that any
communications or Content on the Research-Hosting.co.uk Website are
lawful in other jurisdictions or available for use in all
jurisdictions, and accessing them from territories where their
contents are illegal is prohibited. You agree that if you access our
Research-Hosting.co.uk Website from another jurisdiction
that you are responsible for compliance with local laws. If any
provision of these Terms Of Use is held to be invalid or
unenforceable, that provision will be deemed to be restated to
reflect as nearly as possible the original intention in accordance
with applicable law, and the remainder of the Terms Of Use will
remain in full force and effect.
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